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Thread: Car accident - Who is at fault?

  1. #1
    Join Date
    Dec 2011
    Posts
    1

    Unhappy Car accident - Who is at fault?

    Hi,

    I was driving in the fast lane today on a bypass doing just under 70mph (70mph speed limit)
    A car came off a slip road which comes from below the bypass you can not see them until they get to the end of the slip road.

    The car pulled out of the slip road straight across the slow lane just missing someone and straight into my lane. I tried my best to stop in time and slammed by breaks on and beeped my horn but hit her.

    I hit her back driver side corner. She then tried to drive off without leaving any details so as we approached the roundabout I went along side her and stopped infront of her at the roundabout.

    The police were called in the end as she got quite abusive and was making accusations like I was drinking, doing 100+mph etc.
    I was breath tested for alcohol (0.0ml) as I don't ever drink. If I was doing 100+ we both would have been seriously injured.

    I feel she is to blame as she cut me up with no time to stop and in awful snow/slushy weather conditions.

    Who is to blame?

  2. #2
    Join Date
    Sep 2007
    Location
    Scotland
    Posts
    8,685

    Default

    Welcome to the site icclenat, did the police give you any indication as to who was to blame after they arrived?

    Going by what you wrote about the other driver "trying it on" I would contact your insurance company straight away, with a diagram and the full story of what happened.

    As it looks like the other driver is going to lie through her teeth to wriggle out of responsibility for the accident, good luck.


  3. #3
    Join Date
    Apr 2007
    Posts
    8,525

    Default

    Drivers on a slip road are legally required to give way to traffic already on the major road itself. That's why there are broken white lines; which many drivers seem to ignore.
    Perhaps it is time that "give way" signs were erected; it should not be necessary, but sloppy driving suggests that it is.

    If you had to chase the other driver and stop her, and in the circumstances of the collision, the police should at least have given her a NIP for failing to stop; and possibly even for driving without due care and attention. You don't mention if she was also breathalised. If not, then the police breach another of their rules.

  4. #4
    Join Date
    Oct 2007
    Location
    Middlesex
    Posts
    8,509

    Default

    There are no such things as slow lanes and fast lanes. There is a driving lane, (the one on the left), and the rest are overtaking lanes. As to your comments about driving at just under 70mph in snowy/slushy winter conditions, I'll leave you to think about that one.
    With regard to the collision, you need to make a diagram/sketch, and write out in full the exact events, including road condition, traffic conditions and visibility level. Send them both to your insurer with any details you have regarding the other driver and vehicle. Make it very clear that you hold the other driver 100% responsible for the collision.

  5. #5
    Join Date
    Apr 2009
    Posts
    6,379

    Default

    I agree with Rolebama in principle.
    With any driving incident, I always ask myself, 'what can I do to prevent a similar outcome next time?'
    One possible answer would be; having noticed a vehicle on the slip road and estimated it was likely to arrive at the junction at about the same time as the slower vehicle and me then make an allowance for evasive action. This could be, slow down to allow the offending vehicle to have entered the motorway before I arrived or the slow vehicle to move out or if possible, speed up to clear the junction before the offender arrives.
    I think if the case went to court for resolution you could reasonable be apportioned part of the blame.

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